Can you rent part of your home after a loan modification?

UPDATED: Feb 17, 2012

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Can you rent part of your home after a loan modification?

Recently, a modification was done on my residence. However, now one of my brothers who is divorced has decided to move to my State and City. My residence has a spare bedroom, can I rent this unit to him. This would help me cover some bills in the home. I would still be living in the home: however, I would also be living part time in another city due to the nature of my job. In this second city I would be staying with my son and his family.

Asked on February 17, 2012 under Real Estate Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general matter, renting or subletting some of you home has nothing to do with your mortgage, refinance, modification, etc.--they should not affect each other.


1) double check any loan agreements--if they bar you from doing this you cannot (the terms of any agreements you signed must be complied with)

2) check municipal ordinances about being a landlord, subletting, etc.--make sure you comply with any relevant ordinances, regulations, or law

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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